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Democrats fail in vote on pay bias

The Senate result means a tight deadline for filing suits remains.

THE NATION

April 24, 2008|Ben DuBose, Times Staff Writer

"If you work hard and do a good job, you should be rewarded no matter what you look like, where you come from or what gender you are," Obama said.

"Clearly, we have not finished the business of equality in the workplace, and equal pay for those who do the same job," Clinton said. "This is the law we had until the Supreme Court changed it."


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The Supreme Court decision is controversial because it could enable employers to continue paying their employees in a discriminatory fashion for the workers' entire careers if the employees do not dispute their pay within 180 days of receiving their first check.

The bill's supporters argue that until the ruling, the accepted legal view was that any discriminatory paycheck could be considered a violation of Title VII of the Civil Rights Act of 1964, which bans discrimination on the basis of sex, race, color, national origin and religion. Supporters say the 180-day limit was intended to be applicable to any paycheck and argue that it is difficult for employees to find out what co-workers earn in such a short time frame.

"I am deeply disappointed," said Sen. Edward M. Kennedy (D-Mass.), chairman of the Senate Committee on Health, Education, Labor and Pensions. "The Supreme Court's unfortunate decision in the Ledbetter case a year ago severely undermined the law. It has to be changed."

Republicans have remained in line with business groups, such as the U.S. Chamber of Commerce, that have lobbied to defeat the bill on the grounds that it would substantially increase litigation. McCain did not return to Washington for the vote but told reporters on his campaign bus in Kentucky he opposed the bill.

"I am all in favor of pay equity for women," McCain said. "This kind of legislation -- as is typical of what is being proposed by my friends on the other side of the aisle -- opens us up for lawsuits, for all kinds of problems and difficulties in compliance. . . . This is government playing a much, much greater role in the business of a private enterprise system."

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ben.dubose@latimes.com

Times staff writer Maeve Reston, traveling with the McCain campaign, contributed to this report.

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